CODESP Legal and Ethical Compliance — Questions and Answers

Question 1: Under the Uniform Guidelines on Employee Selection Procedures (UGESP), which statistical method is primarily used to demonstrate adverse impact?

Chi-square test
Four-fifths (80%) rule (Correct answer)
Standard deviation analysis
Regression analysis

Correct answer: Four-fifths (80%) rule

The four-fifths (80%) rule compares selection rates between groups; a rate below 80% of the highest group's rate indicates adverse impact.

Question 2: Which legal doctrine holds employers responsible for the discriminatory actions of their supervisors even when upper management was unaware?

Respondeat superior (Correct answer)
Disparate treatment
Bona fide occupational qualification
Affirmative action

Correct answer: Respondeat superior

Respondeat superior ('let the master answer') makes employers vicariously liable for supervisory misconduct within the scope of employment.

Question 3: A CODESP member agency discovers its written test has a significant adverse impact on a protected class. What is the FIRST recommended corrective step?

Immediately discontinue the test
Conduct a job-relatedness validity study (Correct answer)
Lower the passing score for all groups
Report the finding to the EEOC

Correct answer: Conduct a job-relatedness validity study

Before abandoning or modifying a selection tool, agencies should first determine whether the test is job-related through a validity study.

Question 4: Which type of validity evidence is established by showing that scores on a selection test correlate with measures of actual job performance?

Content validity
Construct validity
Criterion-related validity (Correct answer)
Face validity

Correct answer: Criterion-related validity

Criterion-related validity links test scores (the predictor) to job performance criteria, demonstrating the test predicts success on the job.

Question 5: Under the Americans with Disabilities Act (ADA), when must an employer provide a reasonable accommodation during the selection process?

Only after a conditional job offer is made
Only when the applicant files a formal ADA complaint
When a qualified applicant requests it, unless it causes undue hardship (Correct answer)
After the probationary period ends

Correct answer: When a qualified applicant requests it, unless it causes undue hardship

Employers must accommodate qualified applicants during testing and interviews upon request, unless doing so creates undue hardship.

Question 6: Which federal law prohibits employment discrimination based on genetic information, including an applicant's family medical history?

HIPAA
GINA (Correct answer)
ADA
FMLA

Correct answer: GINA

The Genetic Information Nondiscrimination Act (GINA) of 2008 bars employers from using genetic information in hiring, promotion, or other employment decisions.

Question 7: A public agency uses a rank-ordered eligible list and skips over a veteran to appoint a lower-ranked non-veteran. Under most state veterans' preference laws, this action is:

Permissible if the veteran scored below 70%
Permissible if the agency provides a written justification
A violation of veterans' preference rights unless an exception applies (Correct answer)
Encouraged to promote workforce diversity

Correct answer: A violation of veterans' preference rights unless an exception applies

Veterans' preference statutes generally require agencies to document and justify passing over a veteran for a lower-ranked non-veteran.

Question 8: Which EEOC-enforced law specifically prohibits pay discrimination based on sex for employees performing substantially equal work?

Title VII of the Civil Rights Act
Equal Pay Act of 1963 (Correct answer)
Lilly Ledbetter Fair Pay Act
Executive Order 11246

Correct answer: Equal Pay Act of 1963

The Equal Pay Act of 1963 requires equal pay for equal work regardless of sex and applies to jobs requiring substantially equal skill, effort, and responsibility.

Question 9: In the context of CODESP examinations, 'banding' refers to:

Grouping candidates by geographic region
Treating scores within a statistically determined range as equivalent for selection purposes (Correct answer)
Separating written and oral exam scores
Ranking candidates by seniority within score groups

Correct answer: Treating scores within a statistically determined range as equivalent for selection purposes

Banding groups candidates whose score differences fall within the standard error of measurement, treating them as statistically indistinguishable.

Question 10: Which Supreme Court case established the legal framework for analyzing disparate treatment discrimination using a three-step burden-shifting approach?

Griggs v. Duke Power Co.
McDonnell Douglas Corp. v. Green (Correct answer)
Ricci v. DeStefano
Washington v. Davis

Correct answer: McDonnell Douglas Corp. v. Green

McDonnell Douglas Corp. v. Green (1973) created the prima facie case / legitimate reason / pretext burden-shifting framework for disparate treatment claims.

Question 11: An agency modifies an oral board interview to allow a hearing-impaired candidate to use a sign language interpreter. This is an example of:

Lowering selection standards
A reasonable accommodation under the ADA (Correct answer)
Disparate treatment
An affirmative action preference

Correct answer: A reasonable accommodation under the ADA

Providing interpreter services during an oral examination is a reasonable accommodation that allows a qualified individual to demonstrate their knowledge and skills.

Question 12: Under UGESP, which validation strategy is most appropriate when a test measures a psychological construct like 'supervisory judgment' that is important for the job?

Content validity
Construct validity (Correct answer)
Concurrent validity
Predictive validity

Correct answer: Construct validity

Construct validity demonstrates that a test measures a defined psychological trait (construct) that is shown to be important for job performance.

Question 13: A firefighter applicant is rejected after failing a physical ability test. To defend the test legally, the agency must show the test:

Was also failed by a similar percentage of all demographic groups
Is job-related and consistent with business necessity (Correct answer)
Was developed more than five years ago
Measures cardiovascular fitness only

Correct answer: Is job-related and consistent with business necessity

Under Title VII and UGESP, selection procedures that cause adverse impact must be shown to be job-related and consistent with business necessity.

Question 14: Which ethical principle requires CODESP practitioners to keep exam content, answer keys, and scoring rubrics confidential from applicants before testing?

Test security (Correct answer)
Informed consent
Right to appeal
Transparency

Correct answer: Test security

Test security protects the validity of examinations by preventing advance exposure to items, which would compromise the fairness and meaningfulness of scores.

Question 15: The Lilly Ledbetter Fair Pay Act of 2009 changed which aspect of pay discrimination claims?

It increased penalties for pay discrimination
It reset the statute of limitations with each discriminatory paycheck (Correct answer)
It extended protection to independent contractors
It created a new private right of action under the Equal Pay Act

Correct answer: It reset the statute of limitations with each discriminatory paycheck

The Lilly Ledbetter Act overturned a Supreme Court ruling by restarting the 180-day filing clock with each discriminatory paycheck, not just the initial pay-setting decision.

Question 16: When a CODESP agency conducts a structured oral interview, which practice BEST supports legal defensibility?

Allowing raters to ask follow-up questions freely
Having each panel member score candidates independently using standardized rubrics (Correct answer)
Discussing candidate scores among raters before finalizing scores
Reserving questions about personal background for rapport-building

Correct answer: Having each panel member score candidates independently using standardized rubrics

Independent scoring with standardized rubrics reduces inter-rater variability and bias, strengthening the legal defensibility of oral examination results.

Question 17: Which of the following pre-employment inquiries is PROHIBITED under most state fair employment laws and EEOC guidance?

Do you have the legal right to work in the United States?
Can you perform the essential functions of this job with or without accommodation?
Have you ever been convicted of a felony directly related to this position?
What is your maiden name? (Correct answer)

Correct answer: What is your maiden name?

Asking for a maiden name can reveal national origin or marital status, making it a potentially discriminatory pre-employment inquiry.

Question 18: An applicant passes all examination components but is removed from the eligible list for making false statements on the application. This action is legally justified under:

The doctrine of at-will employment
Disqualification for lack of moral character or dishonesty in the application process (Correct answer)
Adverse impact principles
The merit principle requiring rank-order selection

Correct answer: Disqualification for lack of moral character or dishonesty in the application process

Falsification of application materials is a legitimate, non-discriminatory basis for disqualification because honesty and integrity are core qualifications for public employment.

Question 19: Under the Age Discrimination in Employment Act (ADEA), which group is protected from employment discrimination?

Workers under age 21
Workers age 40 and older (Correct answer)
Workers between ages 18 and 65
All workers regardless of age

Correct answer: Workers age 40 and older

The ADEA protects workers age 40 and older from discrimination in hiring, firing, pay, and other terms of employment.

Question 20: A selection procedure that appears neutral on its face but disproportionately excludes members of a protected class is evidence of:

Disparate treatment
Disparate impact (Correct answer)
Quid pro quo harassment
Constructive discharge

Correct answer: Disparate impact

Disparate impact (also called adverse impact) occurs when a neutral policy or test disproportionately disadvantages a protected group without business justification.

Question 21: Which document must a public agency typically maintain to demonstrate compliance with merit system principles during a challenged selection process?

Strategic workforce plan
Job analysis documentation (Correct answer)
Collective bargaining agreement
Organization chart

Correct answer: Job analysis documentation

Job analysis documentation shows that selection criteria were derived from actual job duties and requirements, forming the legal foundation for any selection procedure.

CODESP Legal and Ethical Compliance

Under the Uniform Guidelines on Employee Selection Procedures (UGESP), which statistical method is primarily used to demonstrate adverse impact?

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